Opinion
Gen. No. 44,101. (Abstract of Decision.)
Opinion filed February 17, 1948 Released for publication March 9, 1948
HARMLESS AND PREJUDICIAL ERROR, § 16 — peremptory denial of change of venue. Peremptory denial of petition for change of venue challenging fairness of presiding judge because presented, according to judge's watch, six minutes after case was called and preliminary examination of first witness had begun, but which was presented, according to clock in court room, four minutes before time for which hearing was set, was prejudicial and reversible error, especially where other facts forced conclusion that court hurried commencement of trial after he had been informed that defendant would present petition for change of venue.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. ROBERT E. CROWE, Judge, presiding.
Decretal order reversed and cause remanded for a new trial. Heard in the second division, first district, this court at the June term, 1947.
Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellant;
Bernard Nath, John J. Faissler, Edwin A. Rothschild and Isaac E. Ferguson, of counsel;
Maximilian J. St. George and Henry Wm. Lescher, pro se.
Not to be published in full. Opinion filed February 17, 1948; released for publication March 9, 1948.